A Derbyshire Constabulary inspector will face a gross misconduct hearing next week after the Independent Office for Police Conduct (IOPC) upheld an appeal over the alleged use of excessive force during an incident in which a man was arrested.

Inspector Matthew Mozley is accused of breaching professional standards of behaviour by using excessive force on Anthony Cook. Insp Mozley was off duty when he arrested Mr Cook for allegedly being drunk and disorderly outside the Brooklyn Medical Practice in Heanor on 13 May 2015.

Mr Cook was later taken to hospital and found to have injuries including a fractured collarbone.

After Mr Cook complained about the force used on him Derbyshire Constabulary carried out a local investigation which found no case to answer. In January 2016 Mr Cook appealed against the outcome but following his death, which was unrelated to the incident, it was continued by his father. A second appeal was made in July 2016.

The Independent Office for Police Conduct, formerly the Independent Police Complaints Commission, upheld both appeals and in March 2017 recommended that the force should hold gross misconduct proceedings. When Derbyshire Constabulary disagreed, the IOPC directed the force to hold a hearing. It will begin on Monday (5 February) at force headquarters in Ripley. It is scheduled to last three days.

Whether or not Inspector Mozley breached professional standards in relation to his use of force will be a decision for the misconduct panel having considered all of the evidence.

The IOPC also directed the force to make a referral to the Crown Prosecution Service (CPS) to consider criminal charges. In September 2017 the CPS decided there was insufficient evidence to provide a realistic prospect of conviction and took no further action.